Compliance

COMPETENCY 8: Legal and Policy

Related Task 8.2
Knowledge of significant court decisions relative to school operations.
Specific Task 8.2.1
Review court cases related to a specific problem. Evaluate school district policy and operating
procedures in light of the court decisions.
Narrative Description of Specific Task
Analyze and review a recent court case filed that relates to special education. Understand
concepts and decisions that were made along with how to properly resolve errors on student IEPs.
Participate and review student IEP along with a state level complaint filed to district with supervisor.
Understand the alleged allegations filed. Understand where noncompliance was found and steps to
resolve. Review procedures for resolving case at a district level with supervisor. Review other typical
compliance issues that are filed in special education, along with steps needed to be taken as a building
administrator to ensure future errors and allegations can be avoided.
Description and Rational
The Individuals with Disabilities Education Act (IDEA) provides funds to assist states in
educating children and young adults with disabilities. IDEA requires that the school districts and other
publicly funded educational agencies providing those special education programs and services in the
given state comply with the requirements of the IDEA. In Michigan, the law states that local school
districts and public agencies provide appropriate special education and related services and requires that
Michigan Department of Education (MDE) enforce all laws governing special education programs. The
MDE has enforced these rules implementing the requirements. The Office of Special Education (OSE) of
the MDE enforces the compliance obligations under the IDEA and Michigan law. (MDE, OSE,
Procedural Document-SC001)
Working with a special needs population we are faced with parents, individuals or agencies that
may disagree on the education of a student with a disability. When a dispute arises, many problem solving
strategies are used before the issue escalates. Many disputes can be eliminated with early communication
and collaboration with the students guardian. With early problem solving methods, increase success in
the final outcome will be resolved.

According to the MDE, Office of Special Education, the following are the most common options for
special education problem solving:
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Collaborative problem solving:

Informal meeting
Facilitated meeting
Mediation
State Complaint
Due Process

On January 8th, a phone conference call took place to the MDE, OSE to discuss the steps for
corrective action on a state complaint that was filed against a district in Macomb County. Being an
active member of this call, a parent (other individual/organization) filed a complaint when he or she
believed the school district violated a requirement of the state or federal law.
Steps associated with the state complaint process from start to finish:
1.
2.
3.
4.

5.
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8.

9.

Received a written letter of allegations from complainant.

Conference call with MDE and complainant.
Identify all allegations filed.
Investigate
a. Interviews of staff
b. Review all paperwork, Individual Education Plan (IEPs) etc.
c. Receive governing regulations
Write up report on investigations/findings
Submit report and documents to MDE, OSE
MDE then sends report and documents back to ISD, local and complainant
Corrective action process takes place (Conference call I participated in)
a. Phone call to MDE, OSE
b. Plan in place, opportunity for district to get clarification
c. Submit artifacts by specific date
Close out case after all is completed

In order to resolve a state complaint the OSE has approximately 60 days from the date the OSE
received the complaint to take action.
Rule/regulation to be found noncompliant in complaint:
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300.320 (a)(2) measurable annual goals

340.1721 (1)(a) measurable annual goals and short term objectives

When the OSE determines noncompliance, corrective action and proof of compliance will be
provided by the district. Dr. Thomas Koepke, MISD Assistant superintendent and the MISD head of
center-based programs received direct instruction from the MDE, Office of Special education to take
make corrective action for compliance regarding the case. Attached you will find a table to indicate
responsibilities for each person that was involved.
Reflection

As a build administrator you are faced with many laws and regulations that must be followed.
Using preventive strategies to deescalate complaints or concerns are priority and should be taken
seriously. You must also be aware of all student rights and what they include. Understanding the steps
necessary before the case escalates is crucial. Yet, all parties may not understand what can be at stake all
should be aware of these steps. In talking with both building administrators in my building and Dr.
Koepke, I was able to see how they prepare using specific trainings and strategies. Professional
Developments are often used to go over specific skills that may be needed when writing student
Individual Education Plans (IEPs), Functional Behavior Assessments (FBAs) and Positive Behavior
Support Plans (PBSPs). All staff are training and monitored regularly. Staff work together on committees
to maintain school-wide compliance when writing plans and assessments.
Whether in a general or special education setting, compliance is needed in order to follow state
and federal laws associated with FAPE and IDEA when writing plans and assessments. In this situation in
particular trainings were conducted to solve compliance issues within the building. All staff took part in
the training process that was made up of the building administrator, teachers, social worker, and
psychologist. The training was put on by Dr. Thomas Koepke as written in regulation with the MDE/OSE.
After training was complete a sign in/out sheet was sent in along with presentation. Attached you will find
the presentation that was conducted by Dr. Koepke to noncompliant building.
Overall, these issues are significant but can happen. Administration must understand the proper
steps to take in resolving such issues with ease and so that they do not happen twice. Monitoring your
documentation and knowing what to look for when dealing with IEP compliance is relevant and a priority
in special education.